settlement2018-09-20T14:56:48+00:00


7.  Alternative Dispute Resolution & Settlement


Settlement


In this guide we have given a broad overview of the intellectual property litigation process in U.S. federal court from the pre-filing investigation through appeals. As can hopefully be appreciated, intellectual property litigation can be a very burdensome and expensive process for the parties involved.


However, not all intellectual property disputes result in a lawsuit being filed, or if one is filed , going all the way through trial and appeal. Indeed, many cases settle before trial. How soon before trial depends upon the particular case. Some settle very quickly, while others may require extensive discovery and motion practice until the parties are finally able to reach settlement.


The very busy federal courts have a strong policy in favor of settlement. If every single criminal case and civil dispute that was filed had to go through trial our court system would quickly become overwhelmed with the current level of resources available to it. There simply would not be enough judges, courtrooms, juries, or time. As it is judges in some of the busier federal courts must frequently manage hundreds of cases. So anything that will help reduce the case load by encouraging settlement is welcomed and encouraged. Likewise, many judges are often less than enthusiastic about intellectual property cases. These cases have a tendency of being legally and factually complex, time consuming, and can be perceived as a bit on the tedious and boring side. There is often precious little human drama involved in a patent case, and the technology can sometimes be challenging for many judges and juries who have had little, if any, scientific or technical training.


To encourage settlement many courts require that parties participate in some form of alternative dispute resolution procedure at least once before trial. In intellectual property cases this frequently involves mediation with a neutral third party, such as a retired judge, or experienced attorney. Sometimes mediation can help close the gaps between the parties’ respective settlement positions. Sometimes it can’t.


In the end, if settlement is reached, a settlement agreement is entered into. Settlement agreements are contracts, and can be quite complex. For that reason they should be carefully negotiated and drafted with the assistance of competent legal counsel.

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7.  Alternative Dispute Resolution & Settlement


Settlement


In this guide we have given a broad overview of the intellectual property litigation process in U.S. federal court from the pre-filing investigation through appeals. As can hopefully be appreciated, intellectual property litigation can be a very burdensome and expensive process for the parties involved.


However, not all intellectual property disputes result in a lawsuit being filed, or if one is filed , going all the way through trial and appeal. Indeed, many cases settle before trial. How soon before trial depends upon the particular case. Some settle very quickly, while others may require extensive discovery and motion practice until the parties are finally able to reach settlement.


The very busy federal courts have a strong policy in favor of settlement. If every single criminal case and civil dispute that was filed had to go through trial our court system would quickly become overwhelmed with the current level of resources available to it. There simply would not be enough judges, courtrooms, juries, or time. As it is judges in some of the busier federal courts must frequently manage hundreds of cases. So anything that will help reduce the case load by encouraging settlement is welcomed and encouraged. Likewise, many judges are often less than enthusiastic about intellectual property cases. These cases have a tendency of being legally and factually complex, time consuming, and can be perceived as a bit on the tedious and boring side. There is often precious little human drama involved in a patent case, and the technology can sometimes be challenging for many judges and juries who have had little, if any, scientific or technical training.


To encourage settlement many courts require that parties participate in some form of alternative dispute resolution procedure at least once before trial. In intellectual property cases this frequently involves mediation with a neutral third party, such as a retired judge, or experienced attorney. Sometimes mediation can help close the gaps between the parties’ respective settlement positions. Sometimes it can’t.


In the end, if settlement is reached, a settlement agreement is entered into. Settlement agreements are contracts, and can be quite complex. For that reason they should be carefully negotiated and drafted with the assistance of competent legal counsel.

Previous Guide Section
Next Guide Section